Families of the mental health patients who died after being moved from Life Esidimeni have vowed to fight tooth and nail to see former Gauteng health MEC Qedani Mahlangu and the former Gauteng mental health head Dr Makgabo Manamela prosecuted in the court of law. 

This follows the judgement in the Life Esidimeni inquest in the Pretoria High Court on Wednesday that Manamela and Mahlangu should be held liable for the death of 10 patients including: 

Virginia Macaphela, Terence Chaba, Lucky Maseko, Josiah Daniels, Charity Ratsotso, Deborah Phela, Matlakala Elizabeth Motsohae and Koketso Mogoerane.

The inquest was aimed at establishing who should be held accountable for the death of the 144 mental health patients who were moved – en masse – from the Life Esidimeni care centre to ill-equipped NGOs after the department cancelled its contract with the private healthcare provider. The inquest also sought to establish whether there was any criminal liability or negligence on the part of state officials and NGO heads.

“Miss Mahlangu continued to terminate the contract between life Esidimeni and Gauteng health despite numerous expert advice and warnings from professionals. The deceased were moved to NGOs which were not equipped and inexperienced to give proper and adequate care in providing mental care. Her conduct led to death in which some of it could have been avoided,” says Judge Mmonoa Teffo.  

On Manamela, Judge Teffo said she proceeded to facilitate the termination plan against expert advice from professionals and stakeholders. 

“She could have saved many lives as she visited the NGOs and saw that they were not equipped and some personnel were not qualified to care for the users. Effectively the two created circumstances in which the deaths were inevitable.”   

She also mentioned that post mortems could not be found for other patients as a result no one could be held liable for the other 133 patients who died. 

#LifeEsidimeni: How long is the road to justice?

One of the family members Christine Nxumalo tells Health-e News that they nagged the National Prosecuting Authority (NPA) for an inquest two years ago. Nxumalo says back in 2017 when she realised what had happened to her sister she and other family members requested an inquest from NPA. 

“The inquest did not just come by chance, we fought for it. We kept on nagging NPA for it and we finally got it. Now we will get together as families to push as hard as we can to see the two prosecuted and in court,” she says. 

“The judge ruled only on what she had but that does not mean that what happened to other patients was fine,” says Nxumalo. 

Life Esidimeni: A snapshot of the tragedy

Gauteng Premier Panyaza Lesufi says he is pleased that the process that brought so much pain and suffering to those who lost their loved ones, as well as the survivors whose human rights were grossly violated by this tragedy, is nearing its end. 

“The judgement follows an arbitration process led by retired Deputy Chief Justice Dikgang Mosenke that was established in 2018 and culminated in an arbitration award for the victims of the tragedy. In the ward, Moseneke gave the provincial government a list of 134 people who had to be paid following the arbitration process. All patients were paid R159 million within the stipulated time,” he says in a statement.

He says the Gauteng government is confident that the NPA will take this judgement forward.

Charges should be formulated soon

DA Gauteng health spokesperson Jack Bloom says the judgement is a severe indictment that should lead to culpable homicide charges against Mahlangu and Manamela.

“It is a pity that the lack of autopsies for the other Esidimeni deaths precluded a firm negligence finding for the other deaths. Other charges should also be laid against all those who can be identified in causing the suffering of the Esidimeni patients. These include contraventions of the Mental Health Care Act and the National Health Act, as well as fraud in licensing the NGOs and other matters,” he says.

He adds that criminal charges should be formulated as soon as possible, and a court date expedited so that justice is seen to be done without further delay.

Meanwhile regional NPA spokesperson Lumka Mahanjana says the office of the Director of Public Prosecutions (DPP) takes note of the judgement. 

“The next step is that the office of the  DPP will thoroughly study the judgement in order to make a determination  on whether the NPA will institute prosecutions against Mahlangu and Manamela whom the court found can be held liable for the deaths,” she says. 

Health minister Aaron Motsoaledi says he will formally respond after fully studying the court judgement and its implications.  – Health-e News